Jailed teacher Enoch Burke is facing an inquiry next week by his professional regulatory body over his presence at his former school, Wilson's Hospital in Westmeath, following his suspension four years ago, the High Court has heard.
Judge Brian Cregan on Thursday made an order that Burke be produced from Castlerea Prison before the High Court next week so that he can make an application seeking to restrain the Teaching Council inquiry from sitting next Wednesday.
He is in prison for continuing to undertake not to return to his old school in breach of court orders.
The High Court order followed a video application to the court by his brother, Isaac Burke, for a production order from prison to allow Enoch to lodge papers and then appear before the judge to make his case in an ex parte application where only one side is represented.
The judge was provided with a pre-litigation letter sent to the Teaching Council by Enoch over its planned sitting next week to conduct an inquiry into a complaint against him over his earlier suspension from his post and later attendances at the school premises despite the suspension.
Enoch Burke's application will be heard by the High Court on Monday.
Burke has spent almost 700 days in prison since September 2022 for breaching court orders to stay away from the school.
Following confirmation earlier this month of his dismissal by a disciplinary appeals committee (DAP) he again refused to undertake not to turn up at the school and was returned to prison.
He maintains he is there because of his refusal to obey a direction by the school to call a pupil by the he/she pronoun and a new name. He claims it was a breach of religious freedom and the right to free expression under the Constitution.
He has, however, been repeatedly told by Judge Cregan and other judges that he was in jail because he refused to comply with court orders and it has nothing to do with his religious and free expression rights.
Following a protracted disciplinary process and legal challenges to appeal committees set up to hear his appeal against findings of misconduct against him, he was finally dismissed earlier this month.
The Department of Education confirmed his salary, which had continued to be paid for a number of years while his appeal remained outstanding, and was later used to pay fines imposed by the court on him for breaching orders, was no longer being paid.
In his application on Thursday to the court, Isaac Burke said his brother would also be seeking leave to bring a challenge against the recent DAP dismissal decision.
He would also be seeking to bring an appeal to the Supreme Court over a recent Court of Appeal decision refusing to extend time for him to appeal a 2023 High Court decision that his suspension was lawful and imposing a permanent injunction restraining him from trespassing on the school.
